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Meyers v. Western Auto6/6/2002
, 718-21 (1979) (discussing methods for reviewing attorney fees award).
Based on the foregoing, Worker's arguments fail. There is no basis for us to depart from the general rule that the value of future medical benefits cannot be used to calculate an award under the Act.
In addition to the value of future medical benefits, Worker would have us add attorney fees in determining the sum of "benefit amount ordered to be paid" under Section 52-1-28.1(B). This we will not do: it is well-settled that attorney fees do not constitute compensation under the Act. See Archuleta v. Safeway Stores, Inc., 104 N.M. 769, 774-75, 727 P.2d 77, 82-83 (Ct. App. 1986).
II. Exclusivity of Section 52-1-28.1
Worker challenges the holding of Cruz with respect to exclusivity and the adequacy of remedies available under Section 52-1-28.1. However, this Court does not have authority to overrule Cruz. See Alexander v. Delgado, 84 N.M. 717, 718, 507 P.2d 778, 779 (1973) (Supreme Court precedent controls).
III. WCA Rules
Worker claims that the WCJ should also have sanctioned CNA under WCA Rule 11 NMAC 4.4.13.2.4 (1996), which provides, in pertinent part: "The Judge may sanction any party, attorney, or representative thereof, for . . . ngaging in conduct before the WCA which amounts to bad faith or unfair claims processing." We affirm on this issue because none of the incidents of bad faith took place in proceedings "before" the WCA. The WCJ entered three separate orders in this case: the first was entitled "Compensation Order"; the second was an attorney fees order; and the third was an order with supplemental findings and conclusions regarding bad faith. Worker relies on the language contained in the attorney fees order stating that unfair claims practices had taken place. Worker argues that CNA's conduct was therefore a matter "before the WCA." We disagree with Worker's reading of the orders. In the compensation order, the WCJ specifically found that CNA "did not engage in bad faith in proceedings before the Workers' Compensation Administration to warrant further sanctions pursuant to 11 NMAC 4.4.13.2." Therefore, we decline to construe the reference to "unfair claims processing" contained in the subsequent attorney fees order as an implicit reconsideration of the WCJ's express finding in the compensation order. Cf. Herrera v. Roman Catholic Church, 112 N.M. 717, 721, 819 P.2d 264, 268 (Ct. App. 1991) ("Unless clearly erroneous or deficient, findings of the trial court will be construed so as to uphold a judgment rather than to reverse it.").
IV. Payment of Attorney Fees
Worker argues that CNA is responsible for the full amount of his attorney fees because the WCJ ultimately gave him more than Worker requested in his settlement offer prior to the August 2000 hearing. The WCJ made a specific finding that Worker failed to satisfy Section 52-1-54(F)(4) because " he recovery here cannot be meaningfully compared to the offer because of materially different terms." Worker argues that the WCJ was referring to the bad faith penalty and the fact that it was not part of the original offer. CNA contends that the WCJ was correct because (1)Worker failed to recover the expenses listed in his offer; and (2) the bad faith penalty was not "an amount awarded by the compensation order" as specifically required by the statute. This issue raises a question of statutory interpretation, which we review de novo. See Ramirez, 2001-NMCA-036, 10; Valdez, 1998-NMCA-030, 16.
Section 52-1-54(F)(4) provides: "if the worker's offer was less than the amount awarded by the compensation order, the employer shall pay one hundred percent of the a
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